Battle of the Forms Overview

These flashcards cover key vocabulary terms and concepts from the lecture on the Battle of the Forms, summarizing important points related to contract law.

Battle of the Forms

A legal concept addressing the issues arising when the terms of an offer and the terms of acceptance vary.

Mirror Image Rule

A common law principle stating that an acceptance must exactly match the terms of the offer to create a contract.

§ 2-207(1)

A provision that allows for an expression of acceptance even if it contains terms additional to or different from those in the offer, unless conditioned on assent to those variant terms.

Counter-offer

A response to an offer that modifies the terms of the original offer and constitutes a rejection of the original offer.

Proviso

A clause that conditions acceptance on assent to variant terms, turning the acceptance into a counter-offer.

§ 2-207(2)

A provision addressing the treatment of additional terms in contracts between merchants.

Automatic Inclusion Rule

A rule stating that additional terms will automatically become part of the contract unless certain 'strike-out' conditions are met.

Strike-out Conditions

Conditions under which additional terms may be excluded from a contract: if the offer explicitly limits assent, if the offeror objects within a reasonable time, or if the terms materially alter the contract.

UCC Gap Fillers

Provisions that apply when a contract is missing terms that are necessary for the contract's fulfillment under the Uniform Commercial Code.

§ 2-207(3)

A provision that establishes a contract based on the parties' conduct despite conflicting writings, arguing that conduct can imply agreement to a contract.

Conduct Recognizing a Contract

Behavior from parties that indicates they recognize a contract exists, even if their written terms do not agree.

Course of Performance

The actual conduct of the parties during the execution of a contract, which can inform terms when writings differ.

Trade Usage

The practices and norms that are common and accepted in a specific trade or industry.